Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer: How an Executor Obtains an EIN for an Oklahoma Estate
An executor (sometimes called a personal representative) must secure an Employer Identification Number (EIN) for a decedent’s estate to open estate bank accounts, file tax returns, and manage assets. Under Oklahoma law, your authority begins when the probate court issues letters testamentary or letters of administration. See 58 O.S. § 21 for the court’s power to appoint a personal representative.
Step 1: Become the Court-Appointed Personal Representative
File a petition in the probate court of the county where the decedent lived. If the court approves your appointment, it issues letters testamentary (if there is a will) or letters of administration (if there is no will). These letters prove you have the legal authority to act on behalf of the estate.
Step 2: Complete IRS Form SS-4
Download and fill out IRS Form SS-4, “Application for Employer Identification Number.” You must provide:
- The estate’s legal name (e.g., “Estate of Jane Doe”)
- The decedent’s Social Security Number
- Your name and title as personal representative
- The reason you are applying (probate estate)
Get the form at the IRS website: https://www.irs.gov/pub/irs-pdf/fss4.pdf.
Step 3: Submit Your Application to the IRS
- Online: Apply via the IRS EIN Assistant: Apply for an EIN online. Available Mon–Fri, 7 a.m. to 10 p.m. Eastern.
- Fax: Fax your completed SS-4 to the IRS fax number listed in the form instructions. You’ll receive your EIN by fax within four business days.
- Mail: Mail the SS-4 to the IRS address on the form. Expect processing in about four weeks.
Step 4: Use and Safeguard the Estate’s EIN
Once issued, use the EIN to open an estate bank account, file the decedent’s final individual income tax return, and prepare the estate’s fiduciary income tax return (Form 1041). Keep the EIN secure to prevent misuse.
Helpful Hints
- Apply for the EIN as soon as you receive letters testamentary or letters of administration to avoid delays.
- Review all entries on Form SS-4 before submission to prevent processing errors.
- Retain certified copies of your letters when dealing with banks and financial institutions.
- If you need assistance, consider consulting a probate attorney familiar with Oklahoma estate administration.
- Keep a record of your IRS correspondence and confirmations for the estate’s file.